GIANI DEVENDER SINGH SANT SEBOY SIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) These special leave petitions are directed against the judgment and order dated Dec. 8, 1993 passed by a Division Bench of the High Court of Madhya Pradesh (Indore Bench) in Misc. Petition No. 63 of 1993. The Division Bench by the said order dismissed the petition of the petitioner made before the Madhya Pradesh High Court (Indore Bench) inter alia contending that the respondents failed to comply with the direction contained in the order dated February 27, 1992 passed in Misc. Petition No. 266 of 1992 by a Division Bench of the Indore Bench of the Madhya Pradesh High Court. As the direction dated 27-2-92 was passed by a Division Bench of the Madhya Pradesh High Court consisting of the Chief Justice of the said High Court and Mr. Justice V. S. Kokje, a single Bench of the Madhya Pradesh High Court before whom the petition alleging non-compliance of the direction of the High Court was placed for disposal, directed to place the matter before the Hon'ble the Chief Justice at Jabalpur so that the Chief Justice would constitute an appropriate bench for the disposal of the said application. The learned Single Judge, namely, Mr. Justice V. S. Kokje called for the records of the cases mentioned in the application of the petitioner from the Court of the learned Sessions Judge, Mandsaur, should transmit the records of the cases filed by the petitioner in various courts under the judgeship of the learned Sessions Judge and transmit the same to the High Court. The said application was numbered before the Division Bench of the Madhya Pradesh High Court as Misc. Petition No. 63 of 1993 and as aforesaid by the impugned order the said Misc. petition was dismissed by the Division Bench consisting of Mr. Justice V. S. Kokje and Mr. Justice R. D. Shukla. It may be stated here that one of the members of the Division Bench, namely, the then Chief Justice of Madhya Pradesh High Court which disposed of Misc. Petition No. 266 of 1992 on 27-2-92 retired when the said Misc. Petition No. 63 of 1993 was taken up for hearing by the Division Bench constituted for the purpose.

(2.) It appears from the Order dated 27-2-92 passed by the Division Bench consisting of the then Chief Justice of Madhya Pradesh High Court, Justice S. K. Jha and Justice V. S. Kokje in Misc. Petition No. 266 of 1992 that a public interest litigation was filed by the petitioner and he was heard in person. The Division Bench in the order dated 27-2-92 has noted to the following effect:-

(3.) In the petition numbered as Misc. Petition No. 63 of 1993 in which the impugned decision has been made, the petitioner complained before the Madhya Pradesh High Court that neither the concerned authorities of the Central Government nor of the State Government complied with the direction contained in the said order dated 27-2-92 passed in Misc. Petition No. 266 of 1992. The petitioner alleged that the direction of the Division Bench contained in the said order dated 27-2-92 was published in the newspaper. The petitioner also alleged that he drew attention of the concerned authorities to such order and also about inaction on their part in not taking appropriate steps to stop nefarious activities including clandestine business of smuggling and selling of opium, heroin, brown sugar, poppy husk and the like in the premises of an oil mill situated in the district of Mandsaur. The petitioner complained that the concerned authorities failed to take any step to prevent such activities. On the contrary they worked hand in glove with the owners of the oil mill. The petitioner prayed that a direction should be issued to whosoever it may concern to stop such clandestine business of smuggling activities and the Union Government be directed to make arrangements for export of those costly items in order to earn foreign exchange so that country's finances which were more or less in a shattered state would be to a great extent revived.